Myers v. Experian Information Solutions, Inc. et al

Filing 29

ORDER - The order to show cause is otherwise DISCHARGED. Signed by Magistrate Judge Nancy J. Koppe on 6/3/2024. (Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JEFFREY MYERS,

Case No. 2:23-cv-01449-JAD-NJK

Plaintiff(s),

ORDER

v.
EXPERIAN INFORMATION SOLUTIONS,
INC., et al.,
Defendant(s).

On October 31, 2023, Plaintiff filed a notice of settlement with Defendant Pentagon Federal

13 Credit Union Foundation indicating that dismissal papers would be filed within 60 days. Docket
14 No. 12. Dismissal papers were not filed. On April 18, 2024, the Court ordered Plaintiff to file
15 dismissal papers with respect to Defendant Pentagon Federal Credit Union Foundation by May
16 10, 2024. Docket No. 20. Dismissal papers were not filed and there was no response to that order.
17 Pending before the Court now is an order to show cause why attorneys George Haines and Gerardo
18 Avalos should not be sanctioned. Docket No. 26. The order to show cause finally prompted some
19 action and a response. Docket No. 28.
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The gist of the response to the order to show cause is that a series of calendaring issues and

21 staffing problems led to the multiple failures identified above. See id. The problem with these
22 excuses is that this is not an isolated occurrence. See, e.g., Villamor v. Experian Information
23 Solutions, No. 2:23-cv-00327-JAD-NJK, Docket No. 21 (D. Nev. Oct. 26, 2023). If counsel
24 continue to choose to litigate cases in this forum, then they have an obligation to exercise due care
25 and reasonable professional diligence in each of those cases. Carisbrook Asset Holding Tr. v.
26 SFR Invs. Pool 1, LLC, 2019 WL 2393614, at *3 n.2 (D. Nev. June 6, 2019). The Court will not
27 impose monetary sanctions in this case, but counsel should expect that similar issues arising in
28 the future in any of their cases within this District will result in the imposition of monetary
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1 sanctions. See, e.g., Garcia v. GEICO Cas. Co., 2014 WL 7474773, at *3-4 (D. Nev. Jan. 6, 2014)
2 (addressing need for more serious repercussions when similar misconduct continues in the future).
3 For the time-being, however, the Court ADMONISHES attorneys George Haines and Gerardo
4 Avalos.
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The order to show cause is otherwise DISCHARGED.

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IT IS SO ORDERED.

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Dated: June 3, 2024
______________________________
Nancy J. Koppe
United States Magistrate Judge

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